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1959 Supreme(Pat) 130

PATNA HIGH COURT
Raj Kishore Prasad, J.
Jamuna Choudhuri
Versus
Ramanup Singh
Appeal from Original Decree No. 63 of 1955 ;
Decided On : OCTOBER 19, 1959

Under Section 14(1) of the Hindu Succession Act, 1956, a female Hindu becomes the full owner of any property possessed by her, whether acquired before or after the commencement of the Act, and such property is not held by her as a limited owner.

Headnote:

HINDU SUCCESSION ACT, 1956 - SECTION 14 - PROPERTY OF FEMALE HINDU TO BE HER ABSOLUTE PROPERTY - APPLICABILITY - POSSESSION OF PROPERTY BY FEMALE HINDU - MEANING - SCOPE OF SECTION 14(1) - ALIENATION BY WIDOW - RIGHT OF REMOTE REVERSIONERS TO CHALLENGE - COLLUSION BETWEEN WIDOW AND NEARER REVERSIONERS - EFFECT - NECESSITY FOR ALIENATION - PROOF - BONA FIDE ENQUIRY BY ALIENEE - RELEVANCE.

Fact of the Case:

The plaintiffs, as the admitted agnates of Sheonandan, brought a suit for a declaration that they were the next reversioners of Sheonandan and that the alienations made by his widow, defendant 6, were fraudulent void and not binding on them. The main dispute between the parties was whether defendant 8 was the sister of Sheonandan, or of Kishori, defendant 7. The trial Judge dismissed the plaintiffs suit and refused the declarations sought by them.

Finding of the Court:

The court held that: (i) defendant No. 8 was the sister of Sheonandan husband of Mayawati, defendant No. 6 and, therefore, the plaintiffs could not be the next reversioners of Sheonandan; (ii) the impugned sale deeds (Exhibits A and 2) were not fraudulent but were for consideration and legal necessity and as such binding on the plaintiffs, and (iii) that therefore, the plaintiffs had no cause of action or right to sue.

Issues: 1. Whether defendant 8 was the sister of Sheonandan, or of Kishori, defendant 7? 2. Whether the impugned sale deeds (Exhibits A and 2) were fraudulent or were for consideration and legal necessity? 3. Whether the plaintiffs had a cause of action or right to sue?

Ratio Decidendi: 1. The court held that defendant 8 was the sister of Sheonandan, husband of Mayawati, defendant No. 6 and, therefore, the plaintiffs could not be the next reversioners of Sheonandan. 2. The court held that the impugned sale deeds (Exhibits A and 2) were not fraudulent but were for consideration and legal necessity and as such binding on the plaintiffs. 3. The court held that the plaintiffs had no cause of action or right to sue, as defendant 6, the widow of Sheonandan, became the full owner of her husband's estate under Section 14(1) of the Hindu Succession Act, 1956.

Final Decision: The appeal was dismissed, but the parties were directed to bear their own costs.

Judgment

Raj Kishore Prasad, J.

1. When the hearing of the appeal had been concluded on 24-9-1959, I had informed the parties that the appeal is dismissed with costs, and that the reasons would follow. I now proceed to give my reasons.

2. This appeal by the plaintiffs is from the judgment of the learned Subordinate Judge, Mongbyr, dismissing their suit and refusing the declarations sought by them.

3. It is necessary first to give the pedigree of the family of Shambhu Singh the admitted common ancestor of the plaintiffs and defendants 6 to 8. It is below:

SAMBHU SINGH

|

------------------------------------------

| | |

Raj Kumar Bhagwat (dead) Ram Lakhan

(dead) | (dead)

| Plaintiffs 1 to 3. |

| |

| |

Sheonandan (dead) 4 Sons of whom only

Widow- Mayawati Kishori Saran

Defendant 6. Defendant No. 7

is alive.

4. Defendants 1 to 3 are the sons of defendant No 8. Defendant No. 8, Ram Peyrai Devi, according to the plaintiffs, is the daughter of Ramlakhan father of defendant No. 7, and, according to the defendants, daughter of Raj Kumar, father of Sheonandan, Defendant No. 4, the vendee under Exhibit 2, is a stranger to the family.

5. The main dispute between the parties, therefore was, whether defendant 8 was the sister of Sheonandan, or of Kishori, defendant No. 7?

6. The dispute in the suit, out of which the present appeal arises was with respect to toe lands owned and possessed by Sheonaudan, husband of defendant No. 6 which she admittedly inherited after her husbands death.

7. Plaintiffs are the admitted agnates of Sheonandan, being the sons of Bhagwat, the second son of Shambhu and brother of Rajkumar. It is undisputed that all the three sons -- Rajkumar, Bhagwat and Ramlaklian -- of Shambhu were separate from before the survey which took place in 1903.

8. The plaintiffs claimed to be the next reversioners of Sheonandan, and, in that capacity they brought the present suit for a declaration that they were the next reversioners of Sheonandan and that the alienations made by his widow, defendant 6, were fraudulent void and not binding on them.

9. The first sale deed (Exhibit A) was executed by defendant No. 6 in favour of defendants 1 to 3 for a sum of Rs. 500.00 on the 8th November. 1952 in respect of 11 kathas 9 dhurs, which are mentioned in Schedule 1 of the plaint. The second sale deed (Exhibit 2) was executed on 12-11-1952 in favour of defendant No. 4 for a sum of Rs. 50/-in respect of 1 katha 5 dhurs out of plot No. 374, which are mentioned in Schedule 2 of the plaint.

10. The plaintiffs suit was a mere declaratory suit, in which they asked for two declarations: First that they (plaintiffs), and, defendant No. 7 were the nearest reversioners of Sheonandan husband of defendant No. 6 and, as such, after her death, they were entitled to all his properties mentioned in Schedule 3 of the plaint; and, secondly, that the two sale deeds, Exhibits A and 2, just mentioned, in respect of the lands mentioned in Schedules 1 and 2 of the plaint, were void and not binding on them.

11. The plaintiffs suit was contested by defendants 1 to 3. Defendants 5, 6 and 8 also appeared and filed separate written statements supporting the case of defendants 1st party, that is, defendants 1 to 3. Defendant 6, Mayabati, and defendant 8, Ram Pearey, were also examined on commission on behalf of the defendants and are mentioned as D. W. 1 and D.W. 2 (on commission). Defendant 4 did not appear and contest the suit but he was examined on behalf of the defendants, as D. W. 15. Defendant 7, Kishori Saran, however, neither appeared, n

















































































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